I don't think anyone has mentioned that today is the fourth anniversary of President Bush's first set of nominations to the federal courts of appeals. There were eleven nominees in all, and some of their fates make you wonder about the sometimes bizarre nature of the confirmation process. For example, why have Senate Democrats, in the minority, filibustered Priscilla Owen, nominated for the Fifth Circuit, with whom they disagree over how to read a narrowly-tailored parental notification law affecting underage girls who seek abortions in Texas, when those same Democrats, when they were in the majority in 2002, confirmed Michael McConnell, for the Tenth Circuit, even though he a) wrote an op-ed in the Wall Street Journal entitled, "Roe v. Wade at 25: Still Illegitimate"; b) wrote in a Michigan Law Review article that "abortion is an evil, all too frequently and casually employed for the destruction of life"; and c) endorsed a pro-life constitutional amendment? If someone can explain that one, please do.
Today is also the anniversary of one of the more startling and unreturned gestures of bipartisan goodwill in the history of judicial nominations. Two of George W. Bush's first eleven nominees -- Roger Gregory, for the Fourth Circuit and Barrington Parker for the Second Circuit -- were Democrats, first nominated by Bill Clinton but never confirmed by the Republican-controlled Senate. No president had ever re-nominated the failed candidates of a predecessor from the opposing party, but Bush did, hoping to send a positive message to Senate Democrats. Gregory and Parker were immediately confirmed by the Senate, which was controlled by Democrats after the defection of Sen. James Jeffords.
Besides Owen, one other -- Miguel Estrada, nominated for the DC Circuit -- has been filibustered. Estrada later gave up and asked that his nomination be withdrawn. Still another nominee, Terrence Boyle for the Fourth circuit, was originally nominated by President George H.W. Bush and was not confirmed by the then-Democratic Senate. In this president's term, Boyle was blocked but not filibustered -- his nomination went nowhere after former Sen. John Edwards put a hold on him. After more than 12 years, he still has not been confirmed.
The other six were confirmed (although one of them, also first nominated by George H.W. Bush, had also waited 12 years.). So in the end, from his original nominations, the president gave away two of his choices in a gesture to Democrats, saw three others be filibustered or blocked, and had six confirmed.